Punjab-Haryana High Court
Sharaiti Anand vs State Of Punjab And Another on 8 July, 2024
Neutral Citation No:=2024:PHHC:084287
For Subsequent orders see CRM-27901-2024 Decided by HON'BLE MR. JUSTICE SANDEEP MOUDGIL
1 of 15
::: Downloaded on - 22-07-2024 19:35:35 :::
Neutral Citation No:=2024:PHHC:084287
CRM-M-63367-2023 (O&M) and other connected cases -2-
Present: Mr. Sangram Saron, Advocate with
Mr. Nikhil Sabharwal, Advocate
for the petitioner(s).
Mr. Rajiv Verma, DAG, Punjab.
Mr. Rakesh Kumar, Advocate
for respondent No.2.
Mr. Puneet Sharma, Advocate
for respondent No.3.
SANDEEP MOUDGIL, J (ORAL)
1. By this common order, this Court intends to dispose of all the aforesaid petitions being arisen out of the same FIR bearing No.117, dated 19.05.2023 (Annexure P-1), under Sections 409, 420, 465, 467, 468, 471 & 120-B IPC, registered at Police Station City Kapurthala, District Kapurthala wherein the petitioners namely Sharaiti Anand, Mehak Anand, Ranju Bala Anand and Mukesh Anand have sought anticipatory bail.
2. The facts as enumerated in the FIR reads as under:-
"To Senior Superintendent of Police, Kapurthala Sub:
Complaint against: Mukesh Anand son of Late Dayal Chand Anand 2) Ranju Bala Anand wife of Mukesh Anand, 3) Sharaiti Anand son of Mukesh Anand, 4) Mehak Anand daughter of Makesh Anand, all residents of Mohalla Sudan, Village Sheikhupur, Kapurthala, 5) the concerned officers/officials of the (a) Life Insurance Corporation of India, Model Town, Kapurthala b) Panjab National Bank, Mansourwal branch, Jalandhar Road, Kapurthala, c) State Bank of India, The Mall, Kapurthala, d) The Kapurthala Central Co-op Bank Ltd, Sheikhupur, Kapurthala, And other accomplice of the above accused, for committing the offences of forgery. impersonation, mis-appropriation of fund, misuse of cheques, documents, Criminal intimidation, breach of trust etc. fer defrauding the complainant and his family For Subsequent orders see CRM-27901-2024 Decided by HON'BLE MR. JUSTICE SANDEEP MOUDGIL 2 of 15 ::: Downloaded on - 22-07-2024 19:35:35 ::: Neutral Citation No:=2024:PHHC:084287 CRM-M-63367-2023 (O&M) and other connected cases -3-
members for an amount more than Rs. 7.5 Crores by all the accused in connivance with each other, by hatching criminal conspiracy with common intention for getting the undue benefit by putting the complainant and his family members to undue loss. Sir It is respectfully submitted as under-L That, the complainant is resident of H. No. 9, Osho Bhawan, Mall Road, Kapurthala and is running education institutions and is also a reputed businessman. Sh. Naresh Kumar Anand father of the complainant was also engaged in the same business, having very sound financial position. The accused no. 1 Makesh Anand is working Life Insurance Corporation of India as Senior Business Associate and he came into contact with Sh. Naresh Kumar Anand father of the complainant in the year 1986 and developed closeness and father of the complainant had soft corner for the accused Mukesh Anand being from the same village and caste. The accused Mukesh Anand taking benefit of the same had developed blind faith in the mind of parents of the complainant and father of the complainant had been making almost all his investments in L.I.C. of India through the said accused and the accused had got invested money of father of the complainant in about 136 policies of LIC of India in the name of the deceased and his family members, ie, the complainant, his father Namely Naresh Kumar Anand, mother namely Varinder Kumari Anand, wife namely Ruchi Anand. Taking benefit of the said relationship, the accused had been telling that all the investments are going well and to take the maximum benefit of all the investments, regular installments /premiums would be required to be paid to LIC of India and had also assured that the accused is very much concerned about complainant and his family and he would be taking care of all the investments from For Subsequent orders see CRM-27901-2024 Decided by HON'BLE MR. JUSTICE SANDEEP MOUDGIL 3 of 15 ::: Downloaded on - 22-07-2024 19:35:35 ::: Neutral Citation No:=2024:PHHC:084287 CRM-M-63367-2023 (O&M) and other connected cases -4- time to time and the complainant or any of his family members need not worry for anything. The accused Mukesh Anand taking benefit of the faith reposed by the complainant and his family members in him, had been taking various documents etc. from the complainant and his family members on the plea that the same are required for KYC formality for the investment policies etc. and the accused had also been taking various cheques from time to time from the complainant and his family by saying that the same are required to be paid to LIC of India and the accused has taken the cheques of the amount of Rs 7,02,10.159-(Rupees Seven Crores Two Lacs Ten Thousand One Hundred Fifty Nine) as per the details attached herewith which stand paid encashed from the year 2013-14 till date from the complainant and his family members on the pretext of payment for the installments/premiums for the policies in the name of the complainant, his mother, wife and son.2. That the complainant and his family members were having a blind faith in the accused Mukesh Anand and have been issuing cheques in favour of LIC of India as stated above and moreover since all the payments were being made by cheques, the complainant and his family members never thought that the said amounts of the cheques are not being used for the benefit of the complainant and his family members. However, on 5 June 2022, the complainant received a call from the manager of the State Bank of India, Mall Road, Kapurthala and he told the complainant that an amount of Rs. 20 Lacs was overdue in his limit and asked the complainant to deposit the said amount immediately otherwise the complainant would be arrested in the matter, which would further lead to loss of the reputation of the complainant and his family. The complainant told him that there was no For Subsequent orders see CRM-27901-2024 Decided by HON'BLE MR. JUSTICE SANDEEP MOUDGIL 4 of 15 ::: Downloaded on - 22-07-2024 19:35:35 ::: Neutral Citation No:=2024:PHHC:084287 CRM-M-63367-2023 (O&M) and other connected cases -5- question of taking any loan etc. from the bank as the complainant and his family members were already having very sound financial position, but for the reasons best known to him, he insisted for making immediate payment to avoid arrest and in the circumstances, mother of the complainant and his family members also got panic since the pride and honour of the complainant and his family were put on stake and to avoid any such situation the complainant visited the bank on the very next day and on enquiry it was revealed that the accused Makesh Anand had opened a fake joint account in his name with name of the complainant under fake signatures of the complainant by using the documents which the accused have been taking on the pretext of KYC, and had raised loan/advance limit of Rs. 40 Lacs against six LIC policies of the complainant, whereas, there was no such occasion or need thereof and complainant never opened any such account and there was no question taking any loan/advance or mortgaging any policies etc. as such the complainant apprised of the same to the bank manager and requested to enquire into the matter as to how such an account was opened and operated without the knowledge, consent or authorization of the complainant. But the bank authorities have not taken any action for the same, but the complainant has come to know that after visit of the complainant to the bank, the accused Mukesh Anand has cleared the said limit from his account, which goes to show that the same was opened and operated by the said accused by impersonation which is not possible without involvement and connivance of some bank official/s 3. That alarmed by the above said incident, the complainant went to the LIC branch Kapurthala, and the complainant was shocked to know that his three policies stood surrendered For Subsequent orders see CRM-27901-2024 Decided by HON'BLE MR. JUSTICE SANDEEP MOUDGIL 5 of 15 ::: Downloaded on - 22-07-2024 19:35:35 ::: Neutral Citation No:=2024:PHHC:084287 CRM-M-63367-2023 (O&M) and other connected cases -6- and the proceeds thereof have been credited to some other fake bank accounts, which were never opened by the complainant or his family members. Thus, the complainant started enquiring about the matter further and has come to know that the accused no. 1 Mukesh Anand with his family members and in connivance with the bank authorities and the LIC authorities, has opened and is operating following fake bank accounts by giving phone numbers of the accused, so that the complainant or his family members may not come to know about the misdeeds of the accused Account no. 6724000100011754 with Punjab National Bank, Mansoorwal branch, Jalandhar Road, Kapurthals in the name of Ranju Bala Anand (wife of the accused Mukesh Anand) and Rochi Anand (wife of the complainant), and the accused have misappropriated an amount of Rs. 63,77,867-through the said account, opened and operated by the accused without knowledge of Ruchi Anand, the complainant or his mother. ii. Account no 65172345457 with State Bank of India, Mall Road, Kapurthala in the name of Ranju Bala Anand (wife of the accused Makesh Anand), Ruchi Anand (wife of the complainant) and Varinder Kumari Anand (mother of the complainant) and the accused have misappropriated an amount of Rs. 20,21,578- through the said account, opened and operated by the accused without knowledge of Rochi Anand wife of the complainant, Varinder Kumari Anand mother of the complainant or the complainant iii. Account no. 65145915679 with State Bank of India, Mall Road, Kapurthala in the name of Makesh Anand accused no. 1 and the complainant Vikram Anand, and the accused have misappropriated an amount of Rs. 1,58,78,900/- through the said account, opened and operated by the accused without knowledge of the complainant, his wife For Subsequent orders see CRM-27901-2024 Decided by HON'BLE MR. JUSTICE SANDEEP MOUDGIL 6 of 15 ::: Downloaded on - 22-07-2024 19:35:35 ::: Neutral Citation No:=2024:PHHC:084287 CRM-M-63367-2023 (O&M) and other connected cases -7- or mother, iv) Account no. 103034001001839 with The Kapurthala Central Co-operative Bank Ltd. Sheikhupur in the name of the complainant Vikram Anand and Ruchi Anand (wife of the complainant) and the accused have misappropriated an amount of Rs 2,44,73,046/-(Rupees Two Crores Forty Four Lacs Seventy Three Thousand and Forty Six) through the said account, opened and operated by the accused without knowledge of the complainant or Ruchi Anand wife of the complainant. Here it is pertinent to mention here that through the said account, many amounts have been transferred to the account of accused no. 3 Sharaiti Anand and the accused have made heavy transactions by impersonating the complainant and his wife Ruchi Anand in active connivance of the bank authorities. That the accused no. I to 4 are very clever persons and the complainant has also come to know that the accused no, I. in clever movement has enrouted some transactions to the bank account of the complainant also through the above said fake accounts, whereas the complainant was never in knowledge that the same are coming through the said fake account. It is again made clear that the complainant, his wife Ruchi Anand or mother Varinder Kumari Anand never opened any joint account with any of the accused in any bank and never opened or operated any of the above said accounts and never visited any bank for any such purpose and they never authorized the accused or any other person to open or operate any such account's mentioned above including the said lean/advance limit account and there was no such occasion or need thereof and the same have been opened and operated by the accused under fake/forged signatures of the complainant, his wife and mother in the relevant accounts in connivance with each other and the bank authorities, For Subsequent orders see CRM-27901-2024 Decided by HON'BLE MR. JUSTICE SANDEEP MOUDGIL 7 of 15 ::: Downloaded on - 22-07-2024 19:35:35 ::: Neutral Citation No:=2024:PHHC:084287 CRM-M-63367-2023 (O&M) and other connected cases -8- whereas the complainant, his wife or mother never put any such signatures for opening or operating any such account's. Further, the concerned officials of the LIC are also apparently connived with the accused and from the enquiries, till date it has also come to notice of the complainant that the accused Makesh Anand have been getting issued cheques already mentioned above for excessive amounts than the amounts due for the installments/premiums of the polices in the name of the complainant, his wife and mother, and the accused no. I to 4 in connivance with each other and the bank and LIC authorities have been misappropriating the amounts from the said cheques also and the complainant has come to know that the accused got issued cheques for excessive amount of about Rs. 2.6 Crores than the amount found to be due against the policies of the complainant, his wife or mother, as per the details annexed herewith. 4. That the accused have misappropriated the amounts from the said cheques amounts for getting the policies in the name of the accused no. I to 4, without knowledge and without authorization of the complainant, his wife or his mother and the accused no 1. in connivance with the other accused have been misappropriating the amounts of the complainant, his wife and mother, for depositing installments/premiums in the name of the accused no. 1 to 4 and by getting the proceeds of the policies transferred on maturity or surrender in the above said fake accounts without knowledge and authorization of the complainant, his wife or mother. It is obvious that the accused no. 1 to 4 are having nexus with some officers/officials of the concerned banks and LIC who are connived with the accused no. 1 to 4 for misappropriation of the amounts of the complainant, his wife and mother. It is also quite possible that the accused For Subsequent orders see CRM-27901-2024 Decided by HON'BLE MR. JUSTICE SANDEEP MOUDGIL 8 of 15 ::: Downloaded on - 22-07-2024 19:35:35 ::: Neutral Citation No:=2024:PHHC:084287 CRM-M-63367-2023 (O&M) and other connected cases -9- may have opened some other accounts also for the purpose of their undue gain by putting the complainant and his family members to undue loss. 5. That the accused might have been misappropriating the amounts during the life time of father of the complainant also, and might have also misappropriated some other amounts of the complainant and his family members, which can be unearthed on proper and deep investigation and the complainant and his family members reserve their right to take action for the same also. The proper investigation of the matter in question may also lead to unearthing of a big racket of the all accused. for misappropriation of the amounts of other people also. 6. That the complainant has also come to know that the accused no. 1 has also made the arrangements for settling himself and his family abroad to escape from India to avoid action against them and it is also learnt that the accused no.1. has sent his wife and children abroad and he himself may also escape in near future, after bagging all the moneys misappropriated by the accused in connivance with each other and in the circumstances, immediate action is necessary to be taken in the matter to catch hold of the accused and it is also required that all the concerned records of the concerned banks and the LIC of India be taken into safe custody to avoid any tempering of the same by any of the accused 7. That it is also pertinent to mention here that the accused no.l. on coming to know that the misdeeds of the accused have come to notice of the complainant and his family, has also given an affidavit admitting his guilt and promised the return all the amounts embezzled by the accused, but the accused have returned amount of Rs. 52,65,119/- (Rupees Fifty Tow Lacs Sixty Five Thousand One Hundred Nineteen only) till date and despite demand has not returned the For Subsequent orders see CRM-27901-2024 Decided by HON'BLE MR. JUSTICE SANDEEP MOUDGIL 9 of 15 ::: Downloaded on - 22-07-2024 19:35:35 ::: Neutral Citation No:=2024:PHHC:084287 CRM-M-63367-2023 (O&M) and other connected cases -10- other amount and has also not given any clear account about all the policies handled by him. 8. That the concerned bank officers/officials/authorities by allowing the accused to impersonate to open and operate the fake joint accounts under fake/forged signatures, have also committed serious offences which facilitated the accused no. 1 to 4 for misappropriation of money of money of the complainant and his family members and similarly the concerned officers/officials/authorities of the LIC of India have also committed serious offences by facilitating the accused no. 1 to 4 to misappropriate the amount of the complainant and his family members, in getting issued the policies and to deal with the same as per their wishes and transferring the proceeds in fake accounts for as already mentioned above, for the undue benefit of the accused by putting the complainant and his family members to undue loss. The accused no. 1 and the concerned officers/officials/authorities of the banks and LIC of India have also misused their official capacity in the matter and have committed criminal breach of trust also by misappropriation of the amounts as stated above, in connivance with each other and have hatched a criminal conspiracy also with for their common gain with common intention and the accused are also guilty of committing forgery and fabrication of records in the manner already stated above. 9. That it is also pertinent to mention here that the officials of the LIC of India and the banks concerned are not ready to show all the concerned records also, which goes to show that they are well in knowledge of the forgeries committed by the accused and of misappropriation of the funds of the complainant and his family members and all the accused are hand in glove with each other. It is also pertinent to mention here that though the amounts were being taken For Subsequent orders see CRM-27901-2024 Decided by HON'BLE MR. JUSTICE SANDEEP MOUDGIL 10 of 15 ::: Downloaded on - 22-07-2024 19:35:35 ::: Neutral Citation No:=2024:PHHC:084287 CRM-M-63367-2023 (O&M) and other connected cases -11- by the accused no.1. as already mentioned above, but the accused no. 2 to 4 also the beneficiaries of the misappropriated funds and have played active role in getting the polices issued in their names and realizing the amounts by opening the fake accounts, to get benefits of the misappropriated funds in connivance with each other and for the common intention and common goal. The accused by creating loan/advance limit in the name of the complainant in manner stated above, have also injured his reputation also. 10. That the complainant has been requesting the accused no. I Mukesh Anand to return all the money of the complainant and his family members and have also been requesting the other accused to do the needful for safe guarding funds of the complainant and his family members, but the accused are threatening that they have links with high ups in police and politics and they can do whatsoever they like and in case the complainant or any of his family members tried to take any action, the complainant and his family members will have to face dire consequences including the doing away of their life. The said threats of the accused have endangered the life, liberty and property of the complainant and his family members and suitable action is required to be taken against the accused for the same also to safe guard the life, liberty and property of the complainant and his family members. It is also very much necessary that suitable measures be taken to prevent all the accused from fleeing away and the needful be done to get the passports of the accused cancelled, as per the provisions of the Passports Act. 11. That in the above manner, the accused have committed the offences attracting the provisions of section 415, 416, 463,464, 466, 467, 468, 471, 500, 506, 192, 149, 120-B, 34 IPC and other provisions of law and strict action is liable to For Subsequent orders see CRM-27901-2024 Decided by HON'BLE MR. JUSTICE SANDEEP MOUDGIL 11 of 15 ::: Downloaded on - 22-07-2024 19:35:35 ::: Neutral Citation No:=2024:PHHC:084287 CRM-M-63367-2023 (O&M) and other connected cases -12- be taken against all the concerned accused for the offences committed by them in connivance with each other It is, therefore, respectfully prayed that the necessary action may kindly be taken and FIR under the above mentioned sections and/or other appropriate provisions of law, may kindly be registered against the above mentioned accused persons and their accomplice, for the offenses committed by them and their passports may kindly be also got cancelled as per the provisions of the Passports Act and they be subjected to punishment as per provisions of law and the necessary action may kindly also be taken to protect the life, liberty and property of the complainant and his family and the accused and their accomplice be made to return all the funds of the complainant and his family members, for which the complainant and his family will be highly obliged. Dated:- 19-9-2022 SD/- Vikram Anand S/0 Sh. Naresh Kumar Anand, RO H. No. 9, Osho Bhawan, Mall Road, Kapurthala Mob. 98760-88803 Encl.: The statements containing details of the cheques taken by the accused and the amounts of the premiums due as per the details taken from LIC of India and affidavit of accused no. I, as Annexure 1 to Annexure 21."
During the course of proceedings, the matter was referred to Mediation and Conciliation Center of this Court vide order dated 22.02.2024 and during the course of that proceedings, the matter stands amicably settled as has been pointed out by Mr. S.S. Saron, learned counsel for the petitioners referring to the settlement agreement dated 24.05.2024. He has categorically drew attention of this Court to Clause 5, page 7 and 8 which reads as under:-
"That to the signing of this present Settlement Deed the 19 Party, 2nd Party, 3°d Party and 4" Party bind themselves as regards any breach of the terms of For Subsequent orders see CRM-27901-2024 Decided by HON'BLE MR. JUSTICE SANDEEP MOUDGIL
12 of 15 ::: Downloaded on - 22-07-2024 19:35:35 ::: Neutral Citation No:=2024:PHHC:084287 CRM-M-63367-2023 (O&M) and other connected cases -13- settlement, supra, accruing to their cause as resulting in a complete forfeiture of the benefits already transpired in favour of the 5th Party, with an accrual of rights in reviving to any/ all legal claims as surrendered in pursuance thereof, including but not limited to the civil and criminal litigation as withdrawn/ compromised/ agreed to be compromised, supra. However, it is also clarified herewith that any benefit so forfeited shall be adjusted against the original claim on merits. On the other hand, upon the conclusion of the terms of this present settlement, the 5th Party undertakes to relinquish any and all third-party claims, including but not limited to third-party recovery rights, as likely to result in any further civil/ criminal liability to the cause of either/ all of the 1" Party, 2nd Party, 3rd Party and 4th Party. Further, in concluding to the terms of this present settlement it is mutually agreed upon between the parties in question that no further claim and/ or dispute and/ or demand shall remain subsisting inter-se between themselves in giving rise to any liability, civil/ criminal, whatsoever. In fact, in expounding upon the same it is also mutually agreed herewith that the 5th Party shall not lay any claim upon any other assets, including but not limited to Post Office Deposits, Bank FDs, etc., of the 1"
Party, 2nd Party, 3" Party and 4 Party, except those detailed supra to the extent of claim as contained therein. Further, the 5' Party and his family members, detailed supra, shall bind themselves in recording to their NO- OBJECTION with any Ld. Authority (including but not limited to police etc.) or Hon'ble Court of Law qua unfreezing/ making operative of any asset belonging to the 1" Party, 2nd Party, 3rd Party and 4' Party in making the same available to the disposal of the latter for discharging to the terms of this settlement, without For Subsequent orders see CRM-27901-2024 Decided by HON'BLE MR. JUSTICE SANDEEP MOUDGIL
13 of 15 ::: Downloaded on - 22-07-2024 19:35:35 ::: Neutral Citation No:=2024:PHHC:084287 CRM-M-63367-2023 (O&M) and other connected cases -14- prejudice to their rights, detailed supra. Furthermore, it is mutually agreed upon that in case the 5th Party fails to comply with any of the terms of the present settlement then the same shall constitute as a cause in initiating to contempt and/or other legal proceeding against the 5th Party in accordance with the law."
Though it has been argued on behalf of the petitioners that there was a complaint made by the complainant-respondent No.2 dated 27.09.2022 to respondents No.3 and 4 and in pursuance thereof, now a show cause notice has been issued on 29.05.2024 to the effect that amount of Rs.1,53,73,043.50/- has been shown recoverable from the petitioners.
It is the case of the petitioners that once the settlement in terms of para 5 has been entered into, respondent No.2-complainant is suppose to withdraw each and every complaint.
Learned counsel appearing on behalf of respondent No.2 does not controvert the aforesaid arguments raised on behalf of Mr. S.S. Saron, Advocate including Clause 5 of the settlement/agreement dated 24.05.2024 though while referring to the previous order would argue that the petitioners i.e. party No.1 to 4 to that settlement/agreement has to perform their part by submitting necessary documents/formalities within a period of five weeks on receipt of which, LIC-respondent No.3 and 4 will do the needful for transfer the amount to party No.5 i.e. respondent No.2 subject to any taxation implication, if any found.
Learned counsel for the petitioners undertakes that though he has already submitted the necessary documents as has been placed at Annexure P-9 still he undertakes to provide the documents as required by For Subsequent orders see CRM-27901-2024 Decided by HON'BLE MR. JUSTICE SANDEEP MOUDGIL 14 of 15 ::: Downloaded on - 22-07-2024 19:35:35 ::: Neutral Citation No:=2024:PHHC:084287 CRM-M-63367-2023 (O&M) and other connected cases -15- LIC-respondents No.3 and 4 in the next 10 days from the date of receipt of the certified copy of this order.
In the light of above, Life Insurance Company represented by Mr. Puneet Sharma, Advocate is directed to furnish the list of documents required to facilitate the final execution of settlement between the petitioners and respondent No.2 within two days from today and thereafter, the petitioners have to submit the required documents within a period of one week.
In the light of above, this Court does not find any reason to continue with the present petitions.
Hence, the petitioners are directed to be released on anticipatory bail subject to their joining investigation with the Investigating Officer concerned within a period of one week from today, on furnishing of personal/surety bonds to his satisfaction. The petitioners shall also abide by the terms and conditions as envisaged under Section 438(2) of Cr.P.C.
However, it is made clear that in case the petitioners do not comply with the aforesaid direction of joining the investigation within one week, the order passed by this Court today shall automatically stands cancelled.
The petitions in the aforesaid terms stand allowed.
(SANDEEP MOUDGIL)
08.07.2024 JUDGE
Poonam Negi
Whether speaking/reasoned Yes/No
Whether reportable Yes/No
For Subsequent orders see CRM-27901-2024 Decided by HON'BLE MR. JUSTICE SANDEEP MOUDGIL 15 of 15 ::: Downloaded on - 22-07-2024 19:35:35 :::